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International Journal of Academic Research in Business and Social Sciences

Open Access Journal

ISSN: 2222-6990

The Mismanagement of Jus Post Bellum in Achieving Just Peace: The Case of Cambodia

Farhatul Mustamirrah, Mohd. Rizal Yaakob

http://dx.doi.org/10.6007/IJARBSS/v8-i7/4408

Open access

War has three phases, the beginning (jus ad bellum), the middle (jus in bello), and the end (jus post bellum). This article discusses the mismanagement of post-conflict justice that is the end of war in achieving just peace which is the objective of jus post bellum. Jus post bellum is a problematic aspect of war in which the law regulating the transition of the state of war to the state of peace was not fully developed at the moment and in most cases it is heavily dependent on an ad hoc committee under the auspices of the United Nations. Cambodia is selected as the case study for this discussion in order to emphasize on the need for a systematic framework for jus post bellum in the international law. Due to the absence of a systematic framework for jus post bellum, just peace in Cambodia was not achieved. This discussion finds out that a systematic framework for post-conflict justice is imminent but without major reforms in certain areas it will be unachievable. These major reforms include, revamping and reducing the veto power of the Security-Council, empowering the Secretary-General and the General Assembly, reforming the International Court of Justice, and empowering more NGOs.

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